Posted on 12/19/2006 12:02:21 PM PST by seanmerc
Cheney to Be Defense Witness in CIA Case Dec 19 2:54 PM US/Eastern
By MATT APUZZO Associated Press Writer
WASHINGTON
Vice President Dick Cheney will be called as a defense witness in the CIA leak case, an attorney for Cheney's former chief of staff told a federal judge Tuesday. "We're calling the vice president," attorney Ted Wells said in court. Wells represents defendant I. Lewis "Scooter" Libby, who is charged with perjury and obstruction.
Early last week, Special Prosecutor Patrick Fitzgerald said he did not expect the White House to resist if Cheney or other administration officials are called to testify in Libby's trial, expected to begin in January.
Libby is accused of lying to investigators about what he told reporters regarding former CIA operative Valerie Plame. Plame's identity was leaked to reporters around the time that her husband, former ambassador Joseph Wilson, publicly criticized the Bush administration's prewar intelligence on Iraq.
In addition to Cheney, other government officials and journalists are expected to be key witnesses in the trial, which is scheduled to start next month.
Former New York Times reporter Judith Miller and NBC News Washington bureau chief Tim Russert are expected to be prosecution witnesses. Libby's lawyers said in court papers that several reporters will testify on Libby's behalf.
Two unidentified reporters may resist testifying, Libby's attorneys said, but they expect to resolve that issue before trial.
Libby also has sought a subpoena for the tape of Washington Post reporter Bob Woodward's interview with former Deputy Secretary of State Richard Armitage. Armitage has admitted he discussed Plame's job with Woodward in 2003 but said it was a passing, inadvertent comment.
If admitted into evidence, the tape could be played at trial. The tape has been turned over to prosecutors, and Libby's attorneys said they expect no objection to their subpoena.
This case is a total waste of the prosecutor's time and our resources. He ought to be going after several people at the NY TIMES instead.
Maybe a freeper lawyer can clear something up for me - - why wouldn't Libby's lawyers already have this tape of a conversation between a reporter and a government official? Clearly, the tape is relevant and crucial to the defense, and obviously there is no threat to national security.
No, the leaker's never been in the CIA, but his wife used to be and he got sent on a trip to Africa by them once.
This morning I just put up a post on my Blog comparing Nifong to Fitzgerald.
In my post is MY guess as to why these runaway prosecutors are allowed to run amok. It's about cowardice.
I also offer the supreme consequences of this "sit and wait" attitude. It's not pretty.
Armitage is the real leaker. Corn doesn't want to have to explain this inconvenient truth under oath. He can't even do it well in TV or radio interviews.
He was supposed to but he let the statute of limitations run out after he won the supreme court decision that shielded them against prosecution.
I'm not a lawyer, but what do you mean by "already have the tape"? Do you mean the Washington Post should have given them a copy just like they gave to the Prosecutor, or do you mean the Prosecutor should have given it to the Defense without it having to be subpoenaed?
Think maybe Russet & Miller were given immunity for their testimony? If so, would that make them immune from another yet to be named reporter's testimony naming one of them as well?
Tim Russert & Matthew Cooper?!
You may have a bingo there.
Not to have to disclose their CIA sources.
Thanks for the ping.
ROTFLOL
THERE IS NO CASE!!!
But you knew that already, didn't you? :)
You are correct in your belief that the prosecution is obligated to turn over all relevant evidence in its possession to the defense and that a subpoena is not normally necessary. My guess is that Fitzgerald is taking the position that the Woodward/Armitage tape is not relevant. That is because Scooter is not charged with illegally leaking Plame's name but rather with lying to investigators. Technically Fitzgerald may have a point, but he knows the judge won't be sympathetic, so he has probably said to Scooter's lawyers, "I won't give it to you voluntarily, but if you subpoena it, I'll comply with the subpoena." It's a face-saving device.
Thanks for the ping, Howlin. I'm looking forward to this matter finally going to trial.
You and me both! I'd like to see some of the air taken out of him...probably think an atom bomb had been dropped!
Lets suppose this tape Woodward is shown making up quotes....no other reason to ask for this tape UNLESS one of them is lieing.
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